Commercial Motors (Wales) Limited v Howley [2012] UKEAT 0636_11_0608

The Claimant was found to have been unfairly dismissed by the Appellant company. When calculating compensatory damages the Tribunal had included the loss of his use of an executive car, a fuel allowance and the loss of his use of his mobile phone during the contractual notice period. During this period the Claimant had worked for another company from which he was provided with a company car and fuel allowance. The company appealed, arguing that the loss of the car and fuel allowance should not have been included in the damages, the loss of the use of the phone should not have been included as it had offered an alternative phone and